Information and Insights surrounding the Law and the Rights of Accident Victims and their Families
Information and Insights surrounding the Law and the Rights of Accident Victims and their Families
Sometimes an employer has some policy or practice that appears to be fair to everyone but, in the real world, has negative consequences for certain employees only. If the employees who suffer are members of a protected class, then the policy is said to have a disparate impact and it is illegal.
For example, if …
Sometimes an employer knows it is wrong to fire an employee, so the employer makes the employee so miserable that the employee has no other choice but to quit. In those cases, the employer has constructively terminated the employee. The law treats employees who have been constructively terminated as though they had been fired …
A hostile work environment is one in which the harassment has become so frequent or horrible that the victim’s working conditions are changed for the worse. For there to be a hostile work environment, the harassment has to be aimed at a protected class.
For example, if a supervisor at a tech company frequently makes …
An employee is wrongfully terminated if he or she is fired for an illegal reason. The reason may be illegal because it violates an established law or because the firing goes against a public policy.
A firing may constitute a wrongful termination because it violates the law prohibiting discrimination based on protected classes. Even if …
Disparate treatment means “different treatment.” Disparate treatment is illegal when it is aimed at an employee or independent contractor because of their membership in a protected class.
Most often, illegal disparate treatment results in an employee not getting a raise, being passed over for a promotion, being assigned an undesirable shift or job duties, or …
One who hires others to do something is an employer. An employer can be a person or a business. An employer has the right to control how an employee performs their work. The employer does not have control over how independent contractors complete their work.
See, Labor Code, § 2750.
It depends. Does your employer retain the right to control the how you perform your work? If yes, then you are an employee. If no, than you are an independent contractor. If maybe, then the Court will consider these additional questions:
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Yes! The law provides greater protection for an employee than an independent contractor. Anti-discrimination, anti-retaliation and rest break laws protect employees not independent contractors. State agencies such as the Division of Labor may enforce the laws for employees; but independent contractors must seek remedies from the Court under contract law.
Guest author, Veronica Benigno Guinto, an immigration attorney in the San Francisco Bay Area answers:
No. The Fourteenth Amendment’s guarantees of due process and equal protection of the law protects U.S. citizens and non-citizens alike. The term “person” under the Amendment encompasses U.S. citizens, lawfully admitted resident aliens, and even aliens whose presence…
Ride share companies do not want to be held to the same standards as taxis. While many customers enjoy the ease, availability and reliability of rideshare services, some lawmakers have concerns about companies such as Uber, Sidecar and Lyft. Most services that transport passengers for hire are classified as common carriers. Taxis, buses and trains …